You Be the Judge! Page 41

ASE: 4

ISSUE BEFORE THE COURT

Was Danny in imminent danger when the Defendant intervened in the
argument between Danny and Fabrizio? Was the level of force that the
Defendant used "reasonable" to prevent injury to Danny, or was the force
"excessive" under the circumstances?

THE FACTS

You Be the Judge!

In order to claim

"defense of others,"

the Defendant must

believe that there was

a defi nite need for

intervention, and the

person who is aided,

must have a legitimate

claim to self defense.

William D., Danny, and Fabrizio were all students at La Jolla High

School in California. On September 19, 2003, a er a lunchroom inci-
dent, William D. punched Fabrizio in the face. e punch fractured
Fabrizio's le malar bone and required his hospitalization. William D.
was criminally charged with assault and battery.

Fabrizio testi ed that the incident began when Fabrizio accused

Danny of throwing food at him in the school lunchroom. Later
that day, Fabrizio approached Danny and asked, "What was that all
about?" Danny began calling Fabrizio names and protested that he
never threw food at him. Fabrizio believed Danny was trying to get
him angry by calling him names, and stated that he refrained from
action because of their size di erence (Fabrizio is 6 feet tall and Dan-
ny is 5 feet 3 inches tall). Fabrizio walked away from the confrontation
to cool o . William then approached Fabrizio and told him "not to
mess with his friends" and punched him.

Several students witnessed the incident and, based on the friend-

ships, had di ering versions of what took place.

ree of Fabrizio's friends testi ed that Danny taunted Fabrizio,

then Fabrizio and Danny pushed each other, and William punched
Fabrizio.

Two of William's friends testi ed that Fabrizio and Danny were

arguing, Fabrizio said he wanted to go elsewhere and ght Danny,
Danny looked intimidated, and Fabrizio shoved Danny. William
arrived and told Fabrizio not to mess with his friends. Fabrizio ap-
proached William with his st clenched, and William punched
Fabrizio.

William was charged as a juvenile for assault and battery. William

argued that he used reasonable force to defend Danny, in other words,
the "defense of others" defense.